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Nixon's Letter to Sirica Given to Law School
On July 23, 1973, President Richard Nixon J.D. '37, in a letter
to federal Judge John J. Sirica, refused to comply with a subpoena
seeking taped conversations from the Oval Office. He argued for
executive privilege, writing, "It would be wholly inadmissible
for the President to seek to compel some particular action by the
courts. It is equally inadmissible for the courts to seek to compel
some particular action from the President."
Sirica rejected Nixon's argument, saying that executive privilege
did not apply to the tapes. His ruling was upheld on appeal, leading
to the release of the infamous tapes that would link the White
House to the Watergate cover-up, and, ultimately, the resignation
of the president. Thirty-two years later, Nixon's original letter,
on White House stationery somewhat yellowed from age but still
intact, was presented to the law school by Sirica's son, John "Jack" Sirica
Jr. '76, an editor at Newsday.
The younger Sirica, who had dropped out of Duke temporarily and
was living at home with his parents during part of the Watergate
case, told of the stress his father went through as he deliberated
the issues involved in the case.
"I think we owe a great deal to a federal judge who first
addressed all these great constitutional questions and had the
courage of his convictions to render the decisions that he thought
were called for by the Constitution," said Christopher Schroeder,
Charles S. Murphy Professor of law and public-policy studies, speaking
at the ceremony hosted by the law school in honor of the presentation. "It's
a nice commemoration of a troubled presidency," Schroeder
said.
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